HomeMy WebLinkAboutOrdinance - 78-06 - Relating to Control and Prevent Hazards to Residents - 01/17/1978 'R
r It/jh 1/26/78
Control and Prevention
of Hazards
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 78-06
AN ORDINANCE REIATING TO THE CONTROL AND PREVENTION OF
ilsa7.r3RDS TO THE RESIDENTS OF THE CITY OF EDEN PRAIRIE,
HENNEPIN COUNTY, MINNESOTA AND RESIDENTS OF ADJOINING
COMMUNITIES FROM HAZARDOUS WASTES AND HAZARDOUS
INFECTIOUS WASTES.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS:
Section 1. Declaration of Policy. The City Council of the City of Eden
Prairie has determined that the dumping and/or storage of hazardous wastes
and hazardous infectious wastes within the municipal limits of the City of
Eden Prairie could create a condition that would adversely affect the health,
safety and general welfare of the residents of the City of Eden Prairie as
( well as the residents of adjoining communities. It is further determined that
the retention, dumping and storage above the surface or under the surface of
hazardous wastes and hazardous infectious wastes has been demonstrated to
create a serious threat to the safety, good order, general welfare and con-
venience of the public not only through the potential hazard of fires,
explosions and surface contamination but also through the hazards of sub-
surface contamination of adjoining lands, lakes, streams and vegetation. It
is declared to be the intention of the Council to attempt to control and
attempt to prevent the creation of any such hazards and this Ordinance is x .
enacted for that purpose.
Section 2. Definitions.
(a) Hazardous Waste. Waste materials that are (i) toxic or
poisonous; (ii) corrosive; (iii) irritating or sensitizing;
(iv) radioactive; (v) hazardous infectious; (vi) explosive;
or (vii) flammable and that present a significant hazard to
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human health and the environment. They include, but are
not limited to, those materials and concentrations of
materials that are determined to be toxic by the U.S.
Secretary of Health, Education, and Welfare pursuant to
Section 10.6, of the Occupational Safety and Health Act
of 1970 (Public Law 91-596) .
(b) Hazardous? Tnfectious Waste, Waste originating from the
diagnosis , care or treatment of a person or animal that
has been or may have been exposed to a contagious or
infectious disease. Hazardous infectious waste includes,
but is not limited to,
(i) All wastes originating from persons placed in
isolation for control and treatment of an
infectious disease.
(ii) Bandages, dressings, casts, catheters, tubing, and
the like, which have been in contact with wounds,
burns or surgical incisions and which are suspect or
have been medically identified as hazardous.
(iii) All anatomical waste, including human and animal
parts or tissues removed surgically or at autopsy. ,.
(iv) Laboratory and pathology waste of an infectious
nature which has not been autoclaved.
(v) Any other waste, as defined by the State Board of
Health, which, because of its hazardous nature,
requires handling and disposal in a manner prescribed
for (i) through (iv) .
Section 3. Public Nuisances Declared. The following are public nuisances
wherever they may be found within the City of Eden Prairie;
(a) Any hazardous waste or hazardous infectious waste of any
kind, placed upon or stored on the surface of lands within
the City of Eden Prairie.
(b) Any hazardous waste or hazardous infectious waste dumped upon
any lands within the City of Eden Prairie.
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(c) Any hazardous waste or hazardous infectious waste stored below
the surface of lands or buried below the surface of lands
within the City of Eden Prairie.
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It is unlawful for any person to permit any public nuisance as defined
in this Section to remain on any premises owned or controlled by said person
within the City of Eden Prairie. Such nuisances shall be abated in the manner
prescribed by this Ordinance.
Section 4. Abatement of Nui.saaces. Ir. abating the nuisances defined in
Section 3, the hazardous waste or hazardous infectious waste shall be removed
from the land on which it is stored, dumped or buried and shall be removed
totally from the City of Eden Prairie. Such abatement procedure shall be
carried out in accordance with current technical and expert methods and with
the approval of appropriate City officials.
Section 5. Interference Prohibited. City personnel may enter upon
private premises at any reasonable time to carry out the purposes of this
' Ordinance. It is unlawful for any person to prevent delay or interfere
with City personnel while they are engaged in the performance of duties imposed
by this ordinance.
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Section 6. Validity. The City Council of the City of Eden Prairie
hereby declares that should any section, paragraph, sentence or word of this
Ordinance be declared for any reason to be invalid, it is the intent of the
City Council of the City of Eden Prairie that it would have passed all other
portions of this Ordinance independent of the elimination herefrom of any
such portion as may be declared invalid.
Section 7. Penalty. Any person who violates this Ordinance is guilty
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of a misdemeanor and may be punished by a fine of not to exceed $500.00 or
by imprisonment for not to exceed 90 days or both.
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Section 8. Effective Date. This Ordinance shall take effect 15 days .
after its publication. .
FIRST READ at a regular meeting of the Council of the City of Eden
Prairie this 17th day of January, 1978 and finally read and adopted and
ordered pubu%ished at: a special meeting of the Council of said City on the
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31st day of January, 1978.
�Ifgang P nze , Mayor
ATTEST:
i ' s
Jollrq D. Fr e, City Clerk
Published in the Eden Prairie News on the day of 1978.
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CITY OF CORN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.7946
AN ORD9NANC>g RELATING TO THE CONTROL
AND PREVENTION OV•I9AZUws TO THE
RESIDENTS OP THE CI!MAW,fDEN PRAIRIE,
RESIDENTS
E IDE TS COUNTY; '2iQ9INEf0lnewmS Affidavit of Publication
RESIDENITS OF AOJOlAo1NG COttilfiUN>l�8
FROM HAZARDOUS WASTES AND K4Z9%V0UB
INFECTIOUS WASTES.
THE CITY COUNCIL OF T>:E th`llf41SO36EN
PRAIRIE DOES ORDAIN AS POLLOASz,!,
Section 1. Declaration of Foley.The 43V U of
the City of Eden Prairie has datermisad that the
'Ping and/or storage of hazardous a and
rdow infectious wastes wltIdW%ba Lmits
e City of Eden Prairie coaW Brea that
would adversely affect the baattb,' general
welfare of the residents of the City.[ lrle as
well as the residents of adlolning s It is
further determined that the rstentiaa, dsmp)ng and
storage above the surface or under t�t,isurface of State Of Mlnnf?Sntrt
hazardous waste and hezaeelous aster has SS
been demoustratiod tosto a
afe[ good order, on e welfare+M)tltd Foul.of
the Dnblic not only through the potentfslhasardoffires,
County Of Hennepin 1
explosions and swftco eoataminag0lt Lo through
the hazards of subsurface eo of adloining
lands,lakes,streams and vBgsta fStfecLred to be
the intention of the Council to is"empt to control and Wi 1 ! lam McGarr
attempt to prevent the creation of any each hazards and y t,< f a l:s,ys is�,and dunry(
this Ordinance is enacted for theR purpose. aL till.will. t,,:rrui stated ba., ta-ri aiwi punter of the newspala i 1sr,ar , I:•. Pre,tnr News and tus full
Section 2. Defu msas. knowirdyr of the•f.,cLs hereu:,tatvfl as follows ,1_'d newsp.,liet is pnnte 1 n ulte o, tit,i.cwu:,gt ire newspaper format
(a) Hazardous Waste. Waste materials that are (I) aw in column and sheet funs ev(u:vafent in printed spare:to at.vast eXi syu...r sae ..,, .. iavi ••••wsPaper L,a weekly
Low or poisonous: Ill corrosive: (Ili) irritating or
sensiiising• i iv)radioactive (v)bazardotu Infectious: v�i�• �, of 1, .arr,t
(vl) explosive or(vU) [Laimoblo and that present a t,thec„TrimurutyMwtuch it purp„ir•Ls to serer arid does not wholly dupL,it, art•, "'le" pi:b.r au;,•i and is riot made up
significant hazard to human btalth and the en- ❑t:rrlc of(atx•r,L,,plate matter an,i ad,ertisrnu•nL, 4 Said nrwspa;x•r i,,:r,,..area,n am r the mono ipahty wtuch
vironment. They include,but are not limited to,those t u Iris to scree,h�,s at best:d16.o ies n uiarle .Celt,en•d to pacin, sWw,•r:t,•rs,i,a,,,n avera t.of at least 75%of iLs
materials and concentrations at materials that are t �" oP } k
fo
determined to be toxic by the U.S.Secretary of Health, h+l circulation urre.-Wily lanl or no snore tiu,n Ihrc e munttu in arrears and is er,tr y :,s sr.und-das matter sat its hKal
Education,and Welfare pursuant to Section 10.6,of the P(X t.offl,e a Sald nc•wspa(.,-.pure is to serve the City of Eden Prairie in thr i'e,;inty of tJe one pm and It has ILs known
Occupational Safety and Health Act of 1970(Public Law .,fit,t-of tssLr:n the City of Eden f're,r e in sa( ,aunty. cswb)i.shc,i ai-A o,--n during ,Ls rt.,e.:a, business hours fur the
91-9 ). gathering of news, sale f advrrtisrutrnLs and sa!, or subseription., and nr:+mt m ' :nr rrianaF ink officer of said
(b) Hasardess Infeetions tsfuto. Waste orng nrwsl,a;r•r, errsons in IL,enLitduru ipw% aid suh)et•I . IIIs con and(ontr ill
' ue r:t;,, u f ar DuSIness hours and at
from the diagnosis, care or treatment of aiginati
person or
animal that has been or may have been eLposrd to a whi h said newspa)i,•r o pnntcd n• Said nrw;(ape•r etles , ro(:y of e.e f , ,• m t, y h the State Histurical
c-3ntagious or infectious disease.Hazardous infectious ',o,'tety 1;Said newspaper ha,,orr,plted with ell lh,- re i -tlo!i••ridrtna.,t,r.,. :ca.,,,i, the day or dates,
waste Includes, but V not Limited to, i of put;!„ati„r,nivi trurte•d tiew. .1,stat, of%ttrmesota prior:„ January 1.
(I) All wastes originating from persons placed in o,,;
and t
isolztfon for control and trontmaat of an Infectious +t I, Januar, I Il r after i i,hd,cn t 'h f r,• pr,„ntk•d :, the , e-t, N of `.tat. and ,t1;ne] by the
dtaesse. cr is,i e,;al newspaper
ILL)Bandages,dresslags,casts,catheters,tubin and_ ) Legal
the like,which have bean.imwmil-ol with wmlRgy H.•fr,rt.irr;Fetes„r, ,th that th, rruete°,!
er sergtgd ON tsbleh are shaped ee ba"bass
Modorift As baaardetlL hrn•to attached as a fart
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c her[—t was cut from the ,lurnns of ,aw :ww,paj •r. and w.,, prtra,,I and pun!,rJwd th,•re•rn it the English language,
(ill) Al mmobatieal waste, lnelsdWg -.- sad once e.:,•h week. for one wrrevi,c w,•••k,. [run it wa: f pubiished Ai Thurs . t`,e 16th
pastes .or tissues removed sa
animal pargic"y or at February 7'
vabontory and pathology waste of an Infectious
of L'i and was ther,•alt.r priutvd aro' pubhstw•! ..I, ,^:er. to and
Mk wtAch has not been autoclaved. u,riu(itrt lhr .e:n( !`, and that the follnwtnu ,r :,pruitr,l ropy of vic !owes rase:alphatxe:
(v)Any other waste.as deflneld by the State Board of
Health,which.because of Its hazardous nature,requires
handling and dfaposal in a manner prescribed for 0) frinn A to 7, both ncaL ic,•.:ind is ht-i••tn a;kr,-,W-iged as beuig ill,,su.,•urn: kind„( type :00-11 Ili the.ontnosiuon and
through (iv).
Sectim..h).Public Nuisances Declared.The following put,ll,at,o❑of sari note e.to,.:t
are paloc aulaanees wherever they maybe found within
the Cheep,Eden Prairie:
(a)s y hazardous waste or hazardous infectious
waste of any kind,placed upon or stored on the surface n,drlKhilklnu,opgrstucwxy a
of waat�within the City of Eden Prairie.
(b) ,hazardous waste or-'hazardous Infectious
��upon say lands within the City of Eden i
Pnlrle.
(c) Any hatzasdone waste or hazardous infectious i
waste atoned ow the surfacq of lands or burled below
the eurfacedLnds within the City of Eden Prairie. `'/{/ �•.
It is unla*W#or my ppeerasia permit any public
nuisance aseMBoad la tbb Section to remain on any
within the
premisea ow tsrsoatrolsd bJr'eeid ptreon
City of Eden AsraISM 8ttch usisances aball be abated in u,��Z• —y7
the manner prwso�bed'by tWr.Ordlr.&r,ca. Sub%l rie�••s;Ind:u„v,r,,,..r,.,..m. th:, �� d:,y.,i r lb /
Section 1.Abatementt of Nuisances.
2Nuisances. In abating the
nuisances dofhod in, n ,the haltardow waste or s
hazardous Infectless lstfste shall be removed from the
Land on which" 1Namped or burled and shell be
removed total!? lrerR City of Eden Prairie. Such
abatement eree�Moo be carried out In accordance
with current technical and expert methods and with the
approval of appropriate Cltrr officials. ;
section f. 'uses Miliited. City personnel
may enter p�oa "ate promises at any reasonable Nutana;S.•a;
ut the Purposes of this Ordinance. Notan ubhc, ('ounty.Mmnes
time to nantw.It is P
unlawful for Amy pardon to prevent delay or Interfere %I, t'ornninsswn Fxpires c�r `- . 1 19 .��
with Cityiraonael while they are Bugged In the
performance sit duties imposed by this ordinance. Her ,
Section S.VA114 ty. The City Council of the City of
Eden Prairie hereby declares that should any section. "�""\ L O R i?A i':[L LAN J
paragraph, mmtenc* or wrzd of this Ordinance be +(A. NOIARY VU i+i.r;: ._ M ,r,f SOIA
declared for any reY(sort to be lavald.it b the intent of �fR CP i-e r t R C O U,d T';
the City Council of the City of8det Prairie that It would `���
have pound all other portions of this Ordinance In- My G.c,m sso n F+1t:,es Jane:9. 19R2
dependent of the eilmWation herofrom of any such
portion as may be declared invalid.
Section 7.Penalty.Any penCM Who violstes this Or-
dinenes is guilty of a mledaweaaor and may be
,,,r ,d by a fine of not to exceed Si00.00 or by tin-
eat for snot to=end 90 daya or both.
.s S. v� gio•This Ordinance shall take
effect 10 darrn�Elt•pwbRication.
FIRST E2AW at o"Koyl{ar meeting of the Council of
the City of Eden Pralrlae this l7th day of January,1979
and finally read and add and ordered published at a
special meeting of the.Council of said City on the iUt
day of January. 1970.
t#BUgug Postal,Mayor
ATTEST:
John D. Frane, City Clerk
(Published in the Eden Prairie News on the loth day
of February, 1978.)